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Answered in 15 minutes by:
11/8/2011
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedYou need to put your neighbour on notice in accordance with Section 5 of the Fences Act:
http://www.austlii.edu.au/au/legis/sa/consol_act/fa197567/s5.html
Setting out how much you propose that they should pay for their share of the fence.
They can negotiate with you and if you can agree an alternate arrangement fine (make sure any agreement is in writing), otherwise you need to seek orders from the court as per section 12:
http://www.austlii.edu.au/au/legis/sa/consol_act/fa197567/s12.html
Note Section 12(7) that the owner is generally only liable for erecting an adequate fence, so there is some subjective argument about how elaborate a fence is required. If you need a special fence to keep in cattle then arguably you may need to pay extra. On the other hand, if the usual use of the land in your district is for cattle then the court may form the view that a fence suitable for keeping cattle is an 'adequate fence' for the purposes of the act.
I trust the above assists.
Naturally, it is usually best to negotiate a compromise rather than fight expensive and relationship damaging litigation with your neighbour.
Good luck and please click accept.
http://www.austlii.edu.au/au/legis/sa/consol_act/fa197567/s5.html
Setting out how much you propose that they should pay for their share of the fence.
They can negotiate with you and if you can agree an alternate arrangement fine (make sure any agreement is in writing), otherwise you need to seek orders from the court as per section 12:
http://www.austlii.edu.au/au/legis/sa/consol_act/fa197567/s12.html
Note Section 12(7) that the owner is generally only liable for erecting an adequate fence, so there is some subjective argument about how elaborate a fence is required. If you need a special fence to keep in cattle then arguably you may need to pay extra. On the other hand, if the usual use of the land in your district is for cattle then the court may form the view that a fence suitable for keeping cattle is an 'adequate fence' for the purposes of the act.
I trust the above assists.
Naturally, it is usually best to negotiate a compromise rather than fight expensive and relationship damaging litigation with your neighbour.
Good luck and please click accept.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedPatrick H. and 87 other Australia Law Specialists are ready to help you
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